Muthupandi vs The State Rep.By
2022 Latest Caselaw 16882 Mad

                                                                             Crl.O.P.(MD)No.9945 of 2022


                         BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

                                                DATED : 27.10.2022

                                                       CORAM :

                              CORAM : JUSTICE SATHI KUMAR SUKUMARA KURUP

                                            Crl.O.P.(MD)No.9945 of 2022
                                                        and
                                            Crl.M.P.(MD)No.6258 of 2022

                     Muthupandi                                       ... Petitioner/Accused-2
                                                          Vs.

                     1.The State rep.by
                       The Sub Inspector of Police,
                       Alwarkurichi Police Station,
                       Tenkasi District.
                       (Crime No.53/2020)                  .. Respondent/Complainant

                     2.Pitchammal                          .. Respondent/Defacto complainant

                     Prayer : Criminal Original Petition filed under Section 482 of the Code of
                     Criminal Procedure, to call for the records relating to the charge sheet in
                     C.C.No.227 of 2021 on the file of the Judicial Magistrate, Ambasamudram
                     and quash the same with respect to the petitioner.


                                  For Petitioners     : Mr.S.Anandha Rajagopal
                                  For R1              : Mr.R.Sivakumar
                                                        Government Advocate (Crl.side)
                                  For R2              : No Appearance




https://www.mhc.tn.gov.in/judis


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                                                                                   Crl.O.P.(MD)No.9945 of 2022



                                                            ORDER

This Criminal Original Petition is filed to quash the proceedings in

C.C.No.227 of 2021 on the file of the Judicial Magistrate, Ambasamudram

in respect of the Petitioner is concerned.

2.The main contention of the Petitioner is to be treated as alibi. It

cannot be considered by this Court in exercising its inherent

power/extraordinary power under Section 482 of Code of Criminal

Procedure.

3.The learned Government Advocate (Crl.side) vehemently opposed

the line of the argument of the learned Counsel for the Petitioner. What are

all submitted by the learned Counsel for the Petitioner are to be treated as

alibi, that has to be considered only by the learned trial Judge at the time of

trial and appreciation of evidence and not by this Court exercising its

extraordinary power/inherent power under Section 482 of Code of Criminal

Procedure.

4.Whether the Petitioner was member of the Flying Squad, whether

the Petitioner available in the alleged place of occurrence, whether the https://www.mhc.tn.gov.in/judis

Crl.O.P.(MD)No.9945 of 2022

occurrence took place as stated in the FIR, are all to be gone into by the

learned trial Judge and not by this Court, particularly, offence of this nature.

5.The learned Counsel for the Petitioner as well as the learned

Government Advocate (Crl.side) submitted their arguments on 18.10.2022.

The case was posted today i.e.,27.10.2022 only to verify whether the

Second Respondent engaged the Counsel. Eventhough notice has been sent

to the Second Respondent, no one appeared for the second respondent.

6.In the light of the above and the vehement objection made by the

learned Government Advocate (Crl.side), this Criminal Original Petition is

dismissed. When pronouncing the order, the learned Counsel for the

Petitioner sought exemption from personal appearance. The learned Trial

Judge is directed to pass appropriate order, if any petition is filed. The

Petitioner shall co-operate with the trial proceedings including the framing

of charges, trial proceedings, 313 of Code of Criminal Procedure

proceedings and on the date of judgment. Consequently, connected

Miscellaneous Petition is closed.

27.10.2022 Index : Yes/No Rmk https://www.mhc.tn.gov.in/judis

Crl.O.P.(MD)No.9945 of 2022

To

1. The Sub Inspector of Police, Alwarkurichi Police Station, Tenkasi District.

2.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

https://www.mhc.tn.gov.in/judis

Crl.O.P.(MD)No.9945 of 2022

SATHI KUMAR SUKUMARA KURUP, J.,

Rmk

Crl.O.P.(MD)No.9945 of 2022

27.10.2022

https://www.mhc.tn.gov.in/judis